Discuss nonproduction or noncompliance of a court ordered


Problem

MY OPINION ABOUT

In my home state of Florida, general provisions of the discovery process of litigation is the Florida Court's goal to facilitate a fair, open, and proportional discovery of the facts underlying a dispute so that the dispute is resolved on its merits and not by the outwitting of one another. This requires mandatory cooperation among counsel.

The discovery of electronically stored information (ESI) stands on equal footing with the discovery of paper documents. Usually this method entails internet links, or digital shared files facilitated between the counsel with a filed notice of production to notify compliance to the court.

As stipulated by Fla. R. Civ. P. 1.280(a), discovery documents are obtained by multiple methods such as depositions, written interrogatories, production of documents, request for admissions (facts), requests for inspections and other pertainent information as medical and/or mental examinations or records. Unless the court orders otherwise and in compliance under the regulating subdivision of this rule, the frequency of these methods is not limited. Fla. R. Civ. P. 1.280

Finally, a motion to compel may be filed on any above mentioned method to enforce the opposing party to produce such requested documents. In lack of production of that compel order, the court will order monetary sanctions on the party for the nonproduction or noncompliance of a court ordered request.

Resources:

West's Florida Statutes Annotated, Fla.R.Civ.P. Rule 1.280, (Westlaw) (2021); West's F.S.A. RCP Rule 1.280, FL ST RCP Rule 1.280, Current with amendments received through 9/15/2022. Thomas Reuters, Black's Law Dictionary (6th ed. 2021)

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